1. The Defendant: KRW 39,506,849 for the Plaintiff and KRW 5% per annum from December 31, 2014 to September 24, 2015; and

1. The parties' assertion

A. The Plaintiff promised to set up a right to collateral security at a child-care center by lending KRW 40,00,000 from the Defendant to the funds for the operation of the child-care center.

Accordingly, at a bank, the Plaintiff received the loan of KRW 5.6% per annum, KRW 10,00,000 from the bank as interest rate of KRW 5.9% per annum, and remitted the above KRW 40,000 to the Defendant, and the Defendant agreed to pay the above interest rate of KRW 40,000 to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff interest accrued from March 23, 201 on and after the foregoing KRW 40,000,000 and interest thereon. If the Defendant calculated that KRW 2,00,000,000 paid to the Plaintiff on December 30, 2014 was appropriated for the total amount of interest until February 22, 2012, the Defendant is obligated to pay the interest or interest interest accrued from February 23, 2012 to the Plaintiff.

B. Since the Plaintiff transferred to the Defendant KRW 40,000,000,000, which is well-paid by investing in a child-care center, the Plaintiff was not a loan, and there is no fact that the Plaintiff entered into an agreement on the establishment of a right to collateral security or the payment of interest claimed by the Plaintiff.

In addition, the Defendant paid the Plaintiff KRW 2,000,000 on December 30, 2014.

2. Determination

A. The following facts and circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in each statement on the evidence Nos. 1, 1, 2, 9, 10, and 11 (including serial numbers; hereinafter the same shall apply) of the Defendant’s husband, and ① borrowed KRW 40,000,000 to the Plaintiff by March 30, 2014:

“Preparation and delivery of a loan certificate to the effect that “,” the Plaintiff received a loan from a bank and remitted the Defendant KRW 40,000,000 to the Defendant, and the Plaintiff appears to have not remitted the said money to the Defendant at the risk of loss of principal. ③ In the case where the Plaintiff filed a fraudulent complaint against the Defendant in relation to the said KRW 40,000,000, the Defendant shall pay the said money.